TERMS AND CONDITIONS
LAST UPDATED July 23th 2019
Thank you for choosing Xanadu Massage. Your use of this website; the services provided at any of our facilities, and/or our scheduling service are all subject to these terms and conditions (“Our Terms”). Our Terms constitute a legally binding agreement between you and Xanadu Massage (“Xanadu Massage”, “we”, “us” and/or “our”).
Xanadu Massage provides a range of massages that are performed in each and every case by an independent self-employed professional massage practitioners, here after referred to as, “Independent Practitioners” and/or “Massage Practitioners”. Although Xanadu Massage does it’s very best to contract with highly skilled and professional Massage Practitioners, you agreed and understand that your massage is being administered by an Independent Practitioners, and as such, Xanadu Massage has no liability for any massages that you schedule through us.
We strive to give you our very best in order to enhance your massage experience. We adhere to certain policies to benefit you and create a harmonious environment where your Massage Practitioner can focus on your needs. We know you will have a pleasant experience as we strive to exceed your expectations!
ARRIVAL: Arrive 15 minutes prior to your massage to allow ample time to check in and prepare for your massage. Arriving late will, unfortunately, limit the time for your massage, reducing its effectiveness and your pleasure. Your massage will end on time so that the next guest is not delayed.
LATE POLICY: If your arrival is delayed, we will make every effort to accommodate your full appointment, but this is not always possible. If you arrive late, your time may be abbreviated so as to avoid delays for other guests. You will however be charged the full price for your massage. Appointments missed by 15 minutes or more will be cancelled and charged to the credit card on file for the reservation in question. Last minute changes to appointments are made at the discretion of management and only possible if an appointment time is available and other guests are not inconvenienced.
CANCELLATION AND NO SHOW: We require at least 24 hours’ notice if you cannot attend your scheduled appointment. Cancellations not made at least 24 hours’ in advance will be charge for the full appointment. We do not provide refunds for cancelled/no show appointments.
PAYMENTS: Xanadu Massage accepts cash, MasterCard, Visa, and American Express as payment.
AGE REQUIREMENTS: All guests must be 18 years of age or older to receive services.
QUIET ENVIRONMENT: As a courtesy to other guests, please maintain a quiet level of conversation. Cell phones and all mobile devices must be turned off or muted when checking in.
PRICES SUBJECT TO CHANGE: We are constantly working to expand the services available to you. Although we make every effort to keep our website updated, please note that prices and services are subject to change at any time. We reserve the right to refuse service at any time, to anyone, for any reason.
PURCHASES: We accept returns in the original condition (unused, undamaged and unopened in the original packaging) with receipt seven days within purchase. Simply bring your item to our location for a full refund.
ONLINE PURCHASE: We accept returns in the original condition which they were received- unused, undamaged and unopened in the original packaging. Merchandise must be shipped within seven days of delivery to be eligible for refund or exchange.
All returns must first obtain a return authorization number by e-mailing Info@XanaduMassage.com. Your return authorization number must be written clearly on the outside of your box.
Return and exchange shipping costs are customers responsibility and the original shipping charge is nonrefundable.
GIFT VOUCHER: Gift vouchers are available both online and at any of our locations. Gift vouchers are non-refundable and may not be exchanged for cash or other goods and/or services. Each gift voucher is valid for 6 months from date of issue and must be presented at your appointment. If the appointment is cancelled with less than 12 hours’ notice the voucher may become null and void.
SCHEDULING & PAYMENT
You can make an appointment through our website or by calling any of our locations. Your payment details will be requested at the time you schedule your appointment. Full payment of fees will be due at the time you schedule your appointment. By scheduling your appointment, you agree to provide complete, correct and true information including without limitation billing and payment information. Once your appointment is accepted and confirmed, you will receive confirmation of your appointment by text and/or email. By scheduling your appointment, you are responsible for full payment of all applicable fees.
We will do all that we reasonably can to ensure that your payment information you provide However, in the absence of negligence on the part of Xanadu Massage, we will not be legally responsible to you for any loss that you may suffer should a third party gains unauthorized access to any information. All payments by credit card or debit card need to be authorized by the relevant card issuer.
Our services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or scheduling services. You must not use the website to do any of the following which are strictly prohibited:
- Engage in any inappropriate behavior including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behavior;
- Restrict or inhibit any other user from using and enjoying the website or services;
- Infringe the privacy rights, property rights, or other civil rights of any person;
- Harass, abuse, threaten or otherwise infringe or violate the rights of any person;
- Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
- Use technology or other means to access our computer network, unauthorized content or non-public spaces;
- Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit our functionality;
- Damage, disable or otherwise impair our servers or networks or attempt to do the same; and/or
- Engage in or encourage others to engage in criminal or unlawful conduct or breach Our Terms for any unlawful or unauthorized purpose.
You agree not to breach Our Terms in any way which may result in, among other things, termination or suspension of your access to our website.
Xanadu Massage, the Xanadu Massage logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with our website (whether registered or unregistered) belong to Xanadu Massage Inc., or our licensors (as are applicable) and are protected by intellectual property law. Nothing in Our Terms grants you any rights in our website or any services or the content within the same. All rights are reserved.
Content on our website is provided for general informational purposes only. We are not a healthcare provider, nor do we provide medical advice or medical treatment. Nothing contained on our website constitutes or is meant to constitute, medical advice or medical treatment. The information presented on our website is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue you should always consult with a qualified medical professional.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, XANADU MASSAGE HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XANADU MASSAGE OR THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THROUGH ANY BLOG OR PUBLICATION) SHALL CREATE ANY WARRANTY. XANADU MASSAGE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.
XANADU MASSAGE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. XANADU MASSAGE CANNOT, AND DOES NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE WEBSITE, NOR SHALL XANADU MASSAGE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, XANADU MASSAGE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH XANADU MASSAGE OR ITS AGENTS.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL XANADU MASSAGE OR ITS AFFILIATES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO XANADU MASSAGE FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS.
You agree to defend, indemnify and hold Xanadu Massage, its affiliates, and its and their directors, officers, employees, trustees and agents harmless from any and all claims, expenses (including reasonable legal and accounting fees), damages, suits, costs, demands and/or judgments whatsoever, that may arise as a result of: (a) your use of our website and/or the services offered by Xanadu Massage; (b) your breach of Our Terms or any other agreement regarding our website and/or the services offered by Xanadu Massage; (c) arising in any way from your placement or transmission of any message, content, information or other materials through our website. Xanadu Massage reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in any such case and you hereby agree to cooperate to the fullest extent with the defense of such claim.
We may terminate, change, suspend or discontinue any aspect of our website or services at any time and may restrict, impose limits on, suspend or terminate your access to our website and/or services if we in our sole discretion believe that you have violated Our Terms or applicable law, or for any other reason without notice or liability
WAIVER & Severability
If at any time, should Xanadu Massage fail to exercise or enforce any right or provision of Our Terms, such failure shall not constitute a waiver of such right or provision. If any provision of Our Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of Our Terms shall remain in full force and effect and the validity or enforceability shall not be affected.
Governing Law & Jurisdiction
Our Terms and the relationship between you and Xanadu Massage shall be governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. You agree that any cause of action that may arise under Our Terms shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and you further agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. All parties to agree to waive their respective rights to trial by jury. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our website and/or services offered, must be filed within two (2) years of the date in which the it arose or the time in which it could have been reasonably discovered or shall be forever barred
Mailing Address: 890 3 Mile Road NW, Grand Rapids, MI 49544